People v. Wiley
Annotate this CaseIn 1991 Wiley was convicted of first-degree murder, second-degree robbery, and kidnapping. He was sentenced to 26 years to life in prison. In March 2017, Wiley was released on parole. Between August and November 2017 he violated his parole conditions and the rules of Geo Care, his transitional housing and sober living program, by drinking alcohol on four occasions. He also failed to register as a sex offender. In February 2018, Wiley returned to Geo Care after his midnight curfew. Wiley’s parole agent considered intermediate sanctions, such as additional referrals to treatment, but concluded such measures would be insufficient and reported that Wiley’s behavior was “destructive to maintaining his sobriety." Wiley was terminated from the Geo Care program. Parole Operations filed a parole revocation petition. The court found that Wiley violated parole by returning to Geo Care after curfew but found unsubstantiated allegations concerning Wiley’s failure to remain in a transitional housing and sober living environment for at least six months and his failure to obey his parole agent’s directive to stay out of Golden Gate Park. The court refused Wiley's request to dismiss the petition and revoked Wiley’s parole. The court of appeal affirmed. Penal Code section 13851 does not authorize dismissal of a parole revocation petition “in furtherance of justice.” The authority to dismiss under section 1385(a) is addressed to the allegations in the indictment or information.
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